Walsh

Walsh v. California Energy Development Inc.

Good Law
United States District Court, Southern District of CaliforniaFebruary 15, 20233:22-cv-00449California306 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 DR. JOHN J. WALSH, Case No.: 22cv449-JO-BGS

Plaintiff,

ORDER DISMISSING ACTION

v. CALIFORNIA ENERGY DEVELOPMENT INC., et. al., 14 Defendants. 15 Plaintiff filed his complaint in this action on April 5, 2022. Dkt. 1. Plaintiff pleaded federal question jurisdiction under 28 U.S.C. § 1331. See id. The only federal claim brought by Plaintiff, however, was criminal statute 18 U.S.C.A. § 1344, which does not provide for a private right of action by a civil plaintiff. See, e.g., Brumbaugh v. Comerica Bank, 2008 WL 11337490, at *4 (S.D. Cal. Feb. 27, 2008). Accordingly, on October 18, 2022, the Court ordered Plaintiff to show cause why this action should not be dismissed for lack of subject matter jurisdiction. See Dkt. 4. Plaintiff was warned that failure to comply with the order to show cause would result in the dismissal of the action. See id. 24 25 26 1 The Court also ordered Plaintiff to show cause why the action should not be dismissed for failure…

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